AGREEMENT
IMPORTANT: ALL USERS MUST READ THIS AGREEMENT
"FamilyFinds, ("Local Finds" or "we" or "us") provides an interactive online service, FamilyFinds.com (the "Site") on the World Wide Web of the Internet (the "Web"), consisting of information services, content and transaction capabilities provided by FamilyFinds, affiliates of FamilyFinds and other third parties. This Terms of Service Agreement ("Terms of Service" or "Agreement") describes our relationship with you ("you"). You and other users of our site are sometimes referred to as "End Users".
A. ACCEPTANCE OF TERMS AND CONDITIONS
1. YOUR AGREEMENT WITH US
By using the Site (other than to read this Agreement for the first time), you ("you") agree with Local Finds LLC. ("FamilyFinds") to the terms and conditions set forth in this Agreement, which governs the terms of our relationship with you and your use of our Site. If you do not agree to the outlined terms and conditions, please do not use the Site. If you have any questions about these Terms of Service, please contact FamilyFinds at help@FamilyFinds.com. Please view our Privacy Policy (which is incorporated into this Terms of Service Agreement by this reference) for a discussion of how we handle your personal information. The right to use this Site is personal to you and is not transferable to any other person or entity. You shall be responsible for protecting the confidentiality of your password(s), if any. These terms of service were last updated on October 6, 2011.
2. MODIFICATION OF TERMS
FamilyFinds reserves the right to make any changes to our Terms of Service and/or our Privacy Policy that we deem necessary or desirable without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges. We suggest, therefore, that you re-read this important Terms of Service Agreement and Privacy Policy from time to time in order that you stay informed of any changes. If we make changes to our Terms of Service and Privacy Policy, they are effective immediately on posting, and if you continue to use our Site, you are deemed to have agreed to the then-current Terms of Service and Privacy Policy. Please note the Privacy Policy has been updated as of October 6, 2011.
B. USE OF THE SITE
1. SITE AVAILABILITY AND CONTENT
You acknowledge that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of FamilyFinds, and FamilyFinds shall not be responsible for any data lost while transmitting information on the Internet. While it is our goal to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, for example, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of FamilyFinds, access to the Site may be interrupted, suspended or terminated from time to time.
FamilyFinds has the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, FamilyFinds may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.2. EQUIPMENT
You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto. FamilyFinds shall not be liable for any damages to your equipment resulting from the use of the Site.
3. YOUR CONDUCT
The Site and any individual sites or merchant-specific, city-specific, or state-specific FamilyFinds-operated sites now or hereinafter contained within or otherwise available through external hyperlinks with our Site (collectively, the "Expanded Sites") are private property. All interactions on this Site and/or the Expanded Sites must comply with these Terms of Service. Although we welcome and encourage user interaction on our Site, we do insist and require that all End Users restrict any and all activity in connection with the use of this Site and the Expanded Sites to that which involves lawful purposes only. You shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without FamilyFinds's express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in FamilyFinds's exclusive discretion restricts or inhibits any other End User from using or enjoying this Site and/or any of the Expanded Sites is strictly prohibited. You shall not use this Site or any of the Expanded Sites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site and/or the Expanded Sites to become users of other on- or offline services directly or indirectly competitive or potentially competitive with FamilyFinds.
4. INTELLECTUAL PROPERTY RIGHTS RETAINED BY HOLDER.
When using the Site, you do not acquire any rights in the products services, trademarks, copyrights, patents or other intellectual property rights to anything on the Site, except for personal use. All intellectual property rights are retained by FamilyFinds, their licensors, or the respective rights holders. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF ANY OF THE CONTENT OF THIS SITE OR ANY OF THE EXPANDED SITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF FamilyFinds AND, IF APPLICABLE, THE HOLDER OF THE RIGHTS TO SUCH INTELLECTUAL PROPERTY, IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and / or criminal penalties.
Trademarks that are located within or on the Site, the Expanded Sites, or a Web site otherwise owned or operated in conjunction with FamilyFinds shall not be deemed to be in the public domain but rather the exclusive property of FamilyFinds, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of FamilyFinds, unless otherwise stated. You shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. FamilyFinds is a trademark of FamilyFinds, Inc. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on FamilyFinds are the property of their respective owners.
The foregoing provisions of this Section B.4. apply equally to and are for the benefit of FamilyFinds, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
5. LICENSE GRANT
By submitting material to any public area of this Site, you grant, or warrant that the owner of such material has expressly granted, FamilyFinds the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees, for the full term of any copyright that may exist in such material. You also permit any other End User to access, view, store or reproduce the material for that End User's personal use. You hereby grant FamilyFinds the right to edit, copy, publish and distribute any material made available on this Site by you.
6. COMMUNITY CONTENT
You acknowledge that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (each, a "Community") are public and not private communications, and that, therefore, others may read your communications without your knowledge. FamilyFinds does not control or endorse the content, messages or information found in any Community, and, therefore, FamilyFinds specifically disclaims any liability concerning the Communities and any actions resulting from your participation in any Community, including any objectionable content. Generally, any communication which you post to FamilyFinds (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by FamilyFinds as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site, you grant FamilyFinds the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose. For more information see FamilyFinds's Privacy Policy.
7. THIRD PARTY CONTENT
In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with FamilyFinds. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributor(s) and not of FamilyFinds. FamilyFinds neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on FamilyFinds by anyone other than authorized FamilyFinds employee spokespersons while acting in official capacities. Under no circumstances will FamilyFinds be liable for any loss or damage caused by your reliance on information thus obtained. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through FamilyFinds.
FamilyFinds contains links to third party Web sites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by FamilyFinds of the contents on such third-party sites and FamilyFinds hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.
Unless you have executed a written agreement with FamilyFinds expressly permitting you to do so, you may not provide a hyperlink to the Site or any Expanded Site from any other website. FamilyFinds reserves the right to revoke its consent to any link at any time in its sole discretion.
8. MONITORING
FamilyFinds shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by FamilyFinds, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, FamilyFinds shall have the right to remove any material that FamilyFinds, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
9. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide FamilyFinds's copyright agent the written information specified below:
Please note that this procedure is exclusively for notifying FamilyFinds that your copyrighted material has been infringed. FamilyFinds’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows: Lindsay Cohen; Local Finds LLC 2417 Thayer St. Evanston, IL 60201. In addition, if information about or images of you or a minor child for which you are the parent or guardian appears on the site without your consent, please submit a statement to the above address identifying the offending content, your identity and relationship to the content (whether it is your information or that of a minor child, etc.) as well as you name, address and email so that FamilyFinds may investigate the matter and contact you if necessary.
10. SITE CREDIT.
Site credit is redeemable for vouchers purchased on FamilyFinds only. It has no cash value and may not be redeemed for cash. if you have site credit available, it will automatically be applied to the next purchase you make. If you don't use it all for one purchase, the remaining amount will continue to be available. Site credit does not expire. LIMITATIONS ON SITE CREDIT ACCRUAL: The maximum balance of site credit that can be maintained by an individual is $500. If you have the maximum $500 of site credit, no more credit will be issued until your balance falls below $500. Site credit limits are per individual, not per account, so creating multiple accounts to accrue credit of more than $500 is prohibited. FamilyFinds reserves the right in its sole discretion to deny all site credit to users who abuse this policy.
11. REFER THREE - FREE DEAL PROMO.
After purchase of select FamilyFinds deals, you'll be given a unique referral link to share with friends, family, and co-workers. Post your link on Twitter, put it on your Facebook page, and email it to whomever you like. Each time someone uses your unique link to buy the same deal, you’ll receive an email letting you know that you just received a referral. Referrals cannot be members of your household. Multiple referrals from the same household will only be counted as 1. Referrals must not have purchased the same deal previously or have already purchased through another member's referral link. When you get 3 of those referrals, we'll refund you back the cost of your deal. Limit one free voucher per individual, per household. You will only be refunded for one voucher, even if you purchased more than one. If more than three friends purchase from your link, you will still only be eligible to receive a refund for the first three you referred. Because this is a separate program, when using your unique "refer three" deal link, you will not receive a $10 credit for each new member that purchases. Creating multiple accounts to refer yourself is prohibited. FamilyFinds reserves the right in its sole discretion to deny refunds to users who abuse this policy.
C. TERMS OF SALE
1. FamilyFinds sells vouchers ("Vouchers") that can be redeemed in connection with your purchase of goods or services by the seller of those goods or services ("Merchant"). By placing an order, you make an offer to us to purchase the Voucher(s) you have selected on the terms and conditions stated in this Agreement. The Merchant, not FamilyFinds, is the seller of the goods and/or services. All Vouchers are promotional vouchers that are offered to customers below their face value and are subject to the terms and conditions and restrictions of the Site, FamilyFinds, and the participating Merchant.
2. You are required to create an account in order to purchase any Voucher. This is so that we can provide you with easy access to print your orders, view your past purchases, modify your preferences, and to ensure permissible use of the product.
3. As a condition of purchase, FamilyFinds requires your permission to send you administrative and promotional emails. We will send you information on your account activity and purchases, as well as updates about our products and promotions. You can opt-out of our promotional emails anytime by clicking the unsubscribe link at the bottom of any of our email correspondences. Please see our Privacy Policy for details.
4. Some Vouchers will have a start date. If there is one, it will be printed on the Voucher and on the screen when you purchase it.
5. Always check the expiration date. You have to use Vouchers before this date.
6. You have to use the full value of each Voucher all at once, in one visit, unless the Voucher specifically says otherwise (on the Voucher). The issuing of credit is at the sole discretion of the Merchant unless otherwise required by law.
7. Only one Voucher can be used per order unless otherwise specified by Merchant. Other limitations on redemption frequency and/or total redemptions will be determined by the Merchant and described in the Voucher terms.
8. Vouchers cannot be combined with any other vouchers, third party certificates, coupons, or promotions unless approved by the Merchant.
9. You can't sell the Vouchers, but you can give them as gifts.
10. The Voucher offer (including, but not limited to, any discounts) expires on the date specified on the Voucher, except that if required by law, Merchant will continue to redeem the unused cash value you paid for the Voucher. According to the laws of the respective states in which you purchased your Voucher, and in which you wish to redeem your Voucher, the Merchant may be responsible for allowing you to redeem your Voucher for the cash value based on the money you actually paid for your Voucher (for example, if you paid $40 for a Voucher which gives you $100 of value at the Merchant, the cash value that you paid is $40, not $100), for a period of time that may extend beyond the expiration date on the Voucher. If applicable, this is a statutory provision which applies to the Merchant, and it is the sole responsibility of the Merchant (and in no way the responsibility of FamilyFinds, as FamilyFinds is not the Merchant, has no obligations of the Merchant, and is merely selling the promotional Voucher on behalf of the Merchant) to comply with such applicable laws and statutes that may govern the Merchant.
11. Neither Local Finds nor the Merchant is responsible for lost or stolen Vouchers or Voucher reference numbers.
12. Any attempted redemption not consistent with these terms and conditions will render the Voucher null and void.
13. All Vouchers are void to the extent prohibited by law.
14. Additional Terms of Sale for Restaurant-Specific Vouchers:
For this section, a Merchant who offers food and beverage for sale in its regular business operations, and is making such food and beverages available to purchasers of Vouchers, is defined as a "Restaurant", and a Voucher issued by a Restaurant is a Restaurant-Specific Voucher. • Use of Restaurant-Specific Vouchers for alcoholic beverages is at the sole discretion of the Restaurant, in compliance with state law. Vouchers for Restaurants may have statutory limitations on the amount of the Voucher value that can be redeemed for alcoholic beverages and compliance with any relevant law is solely determined and effected by the Restaurant. FamilyFinds has no role in such determination or action on the part of the Restaurant. • Restaurant-Specific Vouchers cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant. • Valid for dine in only unless otherwise stated. 15. Additional Terms of Sale and Information For Florida residents
When Florida residents are purchasing Vouchers where the Merchant is a healthcare provider: The patient and any other person responsible for payment has a right to refuse to pay, cancel payment or be reimbursed for payment for any service, examination or treatment that is performed as a result of and within 72 hours of responding to the advertisement for the free, discounted fee or reduced fee service, examination or treatment.
D. GENERAL PROVISIONS
1. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTY
FamilyFinds TAKES NO RESPONSIBILITY FOR THE SERVICES OR PRODUCTS FOR WHICH VOUCHERS MAY BE REDEEMED. FamilyFinds MAKES NO WARRANTY TO YOU FOR THE QUALITY, SAFETY, USABILITY, OR OTHER ASPECT OF THE PRODUCT OR SERVICE FOR WHICH THE VOUCHER IS REDEEMED. SOME SERVICES FOR WHICH VOUCHERS CAN BE REDEEMED ARE ACTIVITIES THAT INVOLVE POTENTIAL BODILY HARM (SUCH AS SKYDIVING, ETC), AND FOR THOSE ACTIVITIES, FamilyFinds TAKES NO RESPONSIBILITY FOR THE SERVICE OR ACTIVITY BEING OFFERED, AND YOU TAKE RESPONSIBILITY FOR YOUR OWN ACTIONS IN UTILIZING THE SERVICES FOR WHICH THE VOUCHER CAN BE REDEEMED.YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND THE EXPANDED SITES IS AT YOUR SOLE RISK. NEITHER FamilyFinds, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE OR THE EXPANDED SITES.
THIS SITE AND THE EXPANDED SITES ARE MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT FamilyFinds IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.IN NO EVENT SHALL FamilyFinds, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, INCLUDING THE EXPANDED SITES AND ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE AND THE EXPANDED SITES.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER FamilyFinds, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE OR ANY OF THE EXPANDED SITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
FamilyFinds IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE OR ANY OF THE EXPANDED SITES. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY FamilyFinds. MOREOVER, FamilyFinds RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT DEEMS UNSUITABLE.
2. INDEMNIFICATION
You agree to defend, indemnify and hold harmless FamilyFinds, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of this Site and/or the Expanded Sites and/or your purchase or use of any Vouchers.
3. TERMINATION
FamilyFinds may terminate this Agreement at any time. Without limiting the foregoing, FamilyFinds shall have the right to immediately terminate any of your passwords or accounts in the event of any conduct by you which FamilyFinds, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections B, C, and D will survive termination of this Agreement.
4. ARBITRATION
FamilyFinds's headquarters are in Santa Monica, California. Legal issues arising out of, but not exclusive to, the use of this Site or the Expanded Sites (unless otherwise specifically stated) are governed by and in accordance with the laws of the State of California (exclusive of its rules regarding conflicts of laws). By using this Site, you agrees that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or the Site or any Expanded Site, shall be finally settled by arbitration in Los Angeles, California under the rules of arbitration of JAMS (Judicial Arbitration and Mediation Service).
5. MISCELLANEOUS
This Agreement, including our Privacy Policy, and any operating rules for the Site established by FamilyFinds constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.